proceeds in case

dower.

interest or estate in the proceeds of such sale, than he had in the estate so sold; but the said proceeds shall be deemed real estate of the same nature as the property sold.

Disposition of (3593.) SEC. 140. If the real estate of any infant, or any part Estate subject to of it, shall be subject to dower, and the person entitled to such dower shall consent in writing to accept a gross sum in lieu thereof, or the permanent investment of a reasonable sum, in such manner as that the interest thereof be made payable to the person entitled to such dower, during life, the Court may direct the payment of such sum in gross, or the investment of such sum as shall be deemed reasonable, and shall be acceptable to the person entitled to such dower, in manner aforesaid; which sums so paid or invested, shall be taken out of the proceeds of the sale of the real estate of such infant.

Kelease of dower

to be made be

(3594.) SEC. 141. Before any such sum shall be paid, or such fore investment. investment made, the Court shall be satisfied that an effectual release of such right of dower has been executed.

when Circuit

interested.

CASES IN WHICH A JUSTICE OF THE SUPREME COURT MAY
EXERCISE THE POWERS OF A COURT OF CHANCERY

OUT OF HIS JUDICIAL CIRCUIT.

Proceedings (3595.) SEC. 142. Whenever the Circuit Judge shall be a Judge a party, or party to a suit in a Court of Chancery in his Judicial Circuit, or related to any party to such suit, or in any way interested in the event thereof, or whenever he has been solicitor or counsel for either party in any such cause, the bill or petition shall be addressed to some other Justice of the Supreme Court, who shall hold the Court of Chancery of the proper county for the trial and determination thereof, and shall have and exercise all the powers of the proper Circuit Judge in relation to such causes; and appeals may be taken therein as in other

cases.

OF APPEALS TO THE SUPREME COURT.

Appeal to Su

preme Court.

77.

2

(3596.) SEC. 143. Any complainant or defendant who may

1 Doug., Mich., think himself aggrieved by the decree or final order of a Circuit Court in Chancery, in any cause, may appeal therefrom to the Supreme Court.

do.,

288, 296, 292.

How appeal perfected.

(3597.) SEC. 144. Such appeal shall be claimed and entered 2 Mich. Rep., 203. within forty days from the time of making such decree or final order, and the appellant shall, within the said forty days, file

Wal. Ch. Rep.,

77.

with the Register or Clerk who entered such decree or order a bond to the appellee, with sufficient sureties to be approved by the Commissioner or a Justice of the Supreme Court, and in such sum as the Commissioner or such Justice shall direct, conditioned to pay, satisfy or perform the decree or final order of the Supreme Court, and to pay all costs, in case the decree or order of the Circuit Court in Chancery shall be affirmed.

peal, etc, pro

(3598.) SEC. 145. Upon the entering of such appeal and the On entry of ap filing of such bond, as directed in the preceding section, all ceedings stayed, further proceedings in the cause in the Circuit Court in Chancery shall be stayed until otherwise ordered by the Supreme Court; but if the appeal shall not be entered, and such bond filed within the time above limited therefor, no appeal shall be allowed.

Copy of bill, etc., to be and

Register.

(3599.) SEC. 146. When such appeal shall be perfected, it shall be the duty of the Register, in thirty days thereafter, to transmitted by make a copy of the bill, other pleadings, papers and proceedings in the cause, and transmit the same to the Clerk of the Supreme Court residing in the Judicial Circuit in which such county may be.

preme Court on

2 Doug. Mich.,

(3600.) Sec. 147. Upon any order or decree of the Circuit Powers of SuCourt in Chancery being brought by appeal to the Supreme appeal. Court, that Court shall examine all errors that may be as-169. signed or found in such order or decree, and shall hear and determine such appeal, and all matters concerning the same, and shall have power to reverse, affirm or alter such order or decree, and to make such other order or decree therein, as shall be just.

be remitted to

cery, etc.

(3601.) SEC. 148. When an appeal shall have been so heard Proceedings to and determined, all the proceedings, together with the decree Court of Chanor order of the Supreme Court therein, and all things concerning the same, shall be remitted to the Circuit Court in Chancery for the proper county, where such further proceedings shall be thereupon had, as may be necessary to carry such decree or order into effect.

may sit with Jus

Court of reasons

(3602.) SEC. 149. When such appeal from any order or Circuit Judge decree of the Circuit Court in Chancery shall be heard before tices, and inform the Supreme Court, the Circuit Judge by whom such order or for decree decree was made shall be authorized to sit with the Justices. of the said Supreme Court, and inform such Court of the

order, etc.

or

reasons for his decree or order, but shall have no voice in the final determination upon such appeal. (k)

When sale of

Real Estate of

ordered to pay

ces.

An Act to Amend Chapter Ninety and Section One Hundred and Thirty-Four of the Revised

Statutes.

[Approved March 27, 1848. Laws of 1848, p. 140.]

(3603.) SECTION 1. Be it enacted by the Senate and House of Rep Infants may be resentatives of the State of Michigan, That whenever it shall be off in cumbran- made to appear to the Court that it will be manifestly for the interest and advantage of any infant or infants that any incumbrance upon the real estate of such infants should be purchased and discharged, in whole or in part, the Court may authorize the guardian of such infants to purchase and discharge the same, and if necessary, to sell and dispose of such part of the real estate of such infants as may be necessary for that purpose: Provided, Such purchase and discharge shall in no way be construed as vesting in said guardian any right, title or interest in such premises, to the prejudice of such infants.

SEC. 2. This act shall take effect from and after its passage.

Causes pending

in former Court

transferred to new Courts.

An Act to Provide for the Removal of Causes remaining in the late Court of Chancery.

[Approved June 17, 1851. Laws of 1851, p. 276.]

(3604.) SECTION 1. The People of the State of Michigan enact, of Chancery That all causes commenced and disposed of or undisposed of in the late Court of Chancery in this State, be on the first day of January, in the year one thousand eight hundred and fiftytwo, transferred to the Circuit Courts of the Counties where the sessions of the said Chancery Court were formerly held. (3605.) SEC. 2. That for the purposes of said transfer, the etc., to Clerks of Registers of the Court of Chancery are hereby directed, on or Circuit Courts. before the first day of January, to deliver all records, files, books, papers and every other thing appertaining to said Court, to the several Clerks of the Counties aforesaid.

Registers to transfer papers,

Jurisdiction of

cases conferred

(3606.) SEC. 3. That jurisdiction over such cases, as full as on Circuit Courts. that now exercised by the said Court of Chancery, shall be, on and after the said first day of January, conferred upon the said several Circuit Courts.

(k) How this provision is affected, if at all, by the radical change since made in the Constitution of the Supreme Court, may be a question.

CHAPTER CXVI.

OF THE PROBATE COURTS.

Chapter Ninety-One of Revised Statutes of 1846. (a)

(3607.) SECTION 1. Every Judge of Probate shall hold a Pro-Judges of Probate Court in his county, at the times and places established Courts, and may

bate to hold

(a) For prior laws relative to Probate Courts, the Probate of Wills, and the Settlement of Estates therein, see Woodward Code, p. 76; Cass Code, p. 61, 77; Code of 1820, 24, 25, 26, 29, 36, 37, 43, 47, 51, 53, 54, 57, 59, 62, 63; Rev. of 1827, 55, 61, 64, 72, 75, 78, 79, 80, 83, 84, 87, 93, 100; Laws of 1828, 4, 68; 1829, 4; 1831, 5; Rev. of 1833, 291, 297, 299, 301, 315, 318, 322, 323, 324, 326, 327, 328, 434, 573; Laws of 1835-6, 115; 1837, 154, 163; R. S., 1838, 267, 279, 283, 286, 292, 294, 299, 302, 311, 319; Laws of 1840, 25; 1842, 12; 1843, 172; 1844, 113.

adjourn theby law, and may adjourn the same from time to time as occasion may require.

same.

To be à Court of record, and proceedings to recorded, etc.

(3608.) SEC. 2. Every Probate Court shall be a Court of be Record, and have a seal; and each Judge of Probate shall keep a true and fair record of each order, sentence and decree of the Court, and of all wills proved therein, with the probate thereof, of all letters testamentary and of administration, and of all other things proper to be recorded; and, on the legal fees being paid, shall give true copies of the files, records and proceedings of the Court, certified by him under the seal of such Court.

Effect of attest-
ed copies as
evidence.
1842, p. 107.

Court always open for certain purposes.

Powers and jurisdiction of Judges of Probate.

Ibid.

Power of Judge

in administering oaths.

Process.

(3609.) SEC. 3. All copies so attested, shall be legal evidence in all the Courts of Law and Equity in this State; and certificates of probate, of administration, or of guardianship, attested by the Judge of Probate, may be given in evidence, and have the same effect as any probate, letter of administration, or letter testamentary or of guardianship, made out in due form of law.

(3610.) SEC. 4. The Probate Conrt shall be deemed open at all times for the transaction of any ordinary business which may be necessary therein, when previous notice is not required to be given to the person interested.

(3611.) SEC. 5. The Judge of Probate for each county shall have power to take the probate of wills, and to grant administration of the estate of all persons deceased, who were at the time of their decease inhabitants of, or residents in the same county, and of all who shall die without the State, leaving any estate within such county to be administered; and to appoint guardians to minors and others in the cases prescribed by law, and shall have and exercise all such other powers and jurisdiction as are or may be conferred by law.

(3612.) SEC. 6. The Judge of Probate shall have jurisdiction of all matters relating to the settlement of the estates of such deceased persons, and of such minors and others under guardianship.

(3613.) SEC. 7. The Judge of Probate shall have power to administer all oaths necessary in the transaction of business before the Probate Court, and all oaths required by law to be administered to persons executing trusts under the appointment of such Court.

(3614.) SEC. 8. The several Judges of Probate shall have power to issue all warrants and processes in conformity to the rules of law, which may be necessary to compel the attendance